KUNDAN Vs. UNION OF INDIA

JUDGEMENT

(1.) These are applications for bringing the legal heirs of deceased Kundal Lal, appellant, on record. Notice was issued to the respondents but no reply has been filed. The applications are allowed. The legal heirs be brought on record and the cause title be amended accordingly. The amended memo of parties be filed within one week.

(2.) Land measuring 28 bighas and 10 biswas in Village Ambarhal, belonging to the appellants, was acquired by Notification under Section 4 read with Section 17 on 27.5.1967. The Collector made the Award for Rs. 500.00 per bigha. The ADJ raised it to Rs. 540.00 per bigha. The appellant's claim is for Rs. 3,000.00 per bigha.

(3.) Admittedly the land of the appellants is an agricultural land. The appellants have relied upon the Sale Deed Ex. AW. 1/3, duly proved. This sale instance is for the sale of one bigha of land in the adjoining village for a sum of Rs. 2.500.00 per bigha. The land in question was purchased by a Cooperative Society. The learned ADJ has rejected the sale instance holding that it was a sham affair as no stamp duty was paid and the entire consideration passed before the registration of the Sale Deed. We have gone through the Sale Deed and also the evidence and we find that the learned ADJ has erred in rejecting the said sale instance. Since the land was purchased by a Cooperative Society, they were not required to pay any stamp duty. The actual payment of Rs. 2,500.00 is evidenced by the cash book entry that was produced. We have, therefore, no hesitation in accepting Ex. A.W. 1/3. This sale instance is dated 21.1.1966.